ADMS 3422 Lecture Notes - Lecture 10: Prima Facie, Union Representative, Nonunion

• School: York University
• Department: Administrative Studies
• Course: ADMS 3422
• Professor: Ping Peng

Document Summary

Concerns an alleged violation of the collective agreement. Similarities to legal proceedings: prima facie case, presentation of evidence through testimony of witnesses, cross-examination of witnesses, culpable. Key differences: may follow jurisprudence, but not required, probable cause, final and binding decision. Participants in the grievance arbitration process: employee, union. Forms of arbitration differ slightly from jurisdiction to jurisdiction. Tripartite arbitration: three-person arbitration panel; union chooses one member, management another, then the chairperson is mutually agreed to by the two members, useful for complex cases. Sole arbitration: only a neutral chair, faster and cheaper. Expedited arbitration: the labour relations board guarantees a hearing within a specified time frame, no choice on the selection of the arbitrator. Timeliness: long delay between the actions that prompted the grievance and the arbitration ruling. Costly: each side shares the cost of arbitrator(s), hearing rooms, may hire lawyers, staff time to prepare.